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Contents (1979 - 13)
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Coastal Protection Act 1979 No 13
Current version for 30 November 2016 to date (accessed 1 May 2017 at 08:24)
Part 4B Section 55N
55N   Modification of doctrine of erosion and accretion
(1)  This section applies to land:
(a)  which is within the coastal zone, or which adjoins the tidal waters of Sydney Harbour or Botany Bay, or their tributaries, and
(b)  a boundary (the water boundary) of which is defined or otherwise determined by reference to a mean high water mark.
(2)  A court has no jurisdiction to make a declaration concerning a water boundary that would increase the area of land to the landward side of the water boundary if:
(a)  a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or
(b)  as a consequence of making such a declaration, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.
(3)  The Registrar-General has no power under Part 14A of the Real Property Act 1900 to make a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary.
(4)  The Minister administering the Crown Lands Act 1989 (or a person authorised by that Minister) has no power under Part 7 of the Surveyors (Practice) Regulation 2001 (or any regulation made by way of replacement, or in substitution, for that Regulation) to approve a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary if:
(a)  a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or
(b)  as a consequence of making such a determination, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.